State Codes and Statutes
Statutes > Kansas > Chapter65 > Article1 > Statutes_2507265-171v
65-171v. Cleanup operations for water or soil pollutants; duties ofsecretary; recovery of costs by attorney general and disposition thereof.Whenever a water or soil pollutant is discharged intentionally, accidentallyor inadvertently and the secretary of health and environment or thesecretary'sauthorized representative determines that the discharged material must becollected, retained or rendered innocuous, and if a discharger refuses toundertake cleanup operations or if the responsible discharger is unknownat the time, the secretary or the secretary'sauthorized representative may enterinto an agreement with a person to conduct the necessary cleanup operationswith payment for such cleanup work to be provided from the pollutant dischargecleanup fund. Any person responsible for or causing the discharge of materialswhich are determined necessary to cleanup under the provisions of this actshall be responsible for repayment of the costs of cleanup work upon reasonablydetailed notification by the secretary or thesecretary's authorized representative.If the responsible person fails to promptly submit payment for costs ofthe cleanup operations when so notified, such payment shall be recoverablein an action brought by the attorney general on behalf of the people ofthe state of Kansas in the district court of the county in which such costswere incurred. Any moneys recovered under this section shall be remittedto the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurershalldeposit the entire amount in the state treasury to the credit ofthe pollutant discharge cleanup fund.
History: L. 1979, ch. 269, § 2;L. 2001, ch. 5, § 213; July 1.
